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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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How does one go about obtaining a restraining order and for

Resolved Question:

How does one go about obtaining a restraining order and for how long can it be for. You will think I am horrible. My daughter and her family live in Co. Springs. They have three childdren. The 19 yr old is the problem. He has been in 4 mental hospitals in La. in 2010 - 2011 for bipolor, drug addition and abuse. He has been jailed in La and Co. for abuse. He has broken his fathers jaw, pushed him down stairs in thed past. Nothing can be done. He is 19 so he refuses to get help for bipolar and drug addition. He has no job, his parents support him. He calls his mother a c---, f you. I am here in La. my daughter has medical problems he told her today he hopes she dies. She takes and takes. His father tries talking to him and work with him on his problems. He says f u. How do we get him in hospitalized or instutionalized . How do we get restraining order. He has stolen jewerly, i-pods, laptops, pawned for drug money.
Submitted: 6 years ago.
Category: Legal
Expert:  Brandon M. replied 6 years ago.
Hello there:

He is clearly a dangerous person, but who among you, in your estimate, needs the restraining order protection?
Customer: replied 6 years ago.

His parents ould need a restraining order. They were told it would only be for a week, however, we need to verify this. Thank you

Expert:  Brandon M. replied 6 years ago.
So to be clear, the parents are the ones who would need to apply for a restraining order to protect them; as grandparents, you would have no part in that process.

Restraining orders are initially granted on a temporary basis. The applicant goes to the courthouse in their county and picks up a restraining order packet from the clerk; the restraining order packet contains the basic forms needed to make the request and some simple instructions. Once the forms are completed, they are filed with the clerk and forwarded to a judge for examination. A judge will determine if there is an immediate need for a temporary restraining order or not. After a judge has examined the filing (usually 24 hours or less), one of two things happens: (1) a temporary restraining order is granted and a court date is set, or (2) a temporary restraining order is not granted and a court date is set. The court looks at the situation and decides if the accusations are serious enough to necessitate it to shoot first and ask questions later--if so, the temporary restraining order is granted. The purpose of the temporary restraining order is to keep the applicant safe until the matter can be heard in court. Once it goes to court, both sides will have an opportunity to explain their side of the story; if the court is persuaded, after hearing both sides, a long-term restraining order will made.

As for getting your grandson hospitalized or institutionalized, in Colorado, this is called an involuntary commitment. I would direct you to this link for information on an involuntary commitment.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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